ಕಾವ್ಯ ಮುತ್ತು !

ಪ್ರೀತಿಯ ಕಿಶು
ಇದೋ ನಿನಗೊಂದು ಕಾವ್ಯ ಮುತ್ತು !
ಒಡಲಾಳದ ಪ್ರೇಮ ಮುತ್ತು !
ಎನ್ನೆದೆಯ ಸಂಬ್ರಮಕೆ ತಳಿರು ಕಟ್ಟಿದ ಚಿನ್ನ ನೀನು !
ಬರಡು ಬದುಕಿಗೆ ಅರ್ಥ ತಂದ
ಜೀವ ಸೆಲೆ ನೀನು !
ಹೊಸ ಕನಸುಗಳಿಗೆ ಬಣ್ಣ ಹಚ್ಹಿದ
ಸ್ಪೂರ್ತಿ ನೀನು !
ಹಳೆಯ ಬಾಲ್ಯದ ನೆನಪ ಕಾಡಿದ
ಪೋರ ನೀನು !
ಪ್ರೀತಿ ಕಾವ್ಯ ಹುಟ್ಟಿಸಿದ ಕಿಶೋರ ನೀನು !
ಮತ್ತೆ ಹರಸಿ ಹುಟ್ಟಿಬಂದ ಶ್ರೀಕೃಷ್ಣ ನೀನು !.
ನನ್ನ ಹೊಸ ಜೀವ ನೀನು !

ಮತ್ತೆ ಹುಟ್ಟುತಿವೆ ಕಾವ್ಯಗಳು !

ಹೇ !.
ಮತ್ತೆ ಹುಟ್ಟುತಿವೆ ಕಾವ್ಯಗಳು
ಬಹು ದಿನಗಳ ನಂತರ
ಹೊಸ ಭಾವಗಳೊಂದಿಗೆ
ಹೊಸ ಜೀವಗಳೊಂದಿಗೆ
ಹೊಸ ಕನಸುಗಳೊಂದಿಗೆ
ಹೊಸ ಬದುಕಿಗಾಗಿ !

ಅಂದು ಎಲ್ಲೊ ಕಳೆದುಹೋಗಿದ್ದವು ಈ ಕಾವ್ಯಗಳು !
ಮತ್ತೆ ಮರೆತೆಹೊಗಿದ್ದವು ನನಗೆ
ನಡುವೆ ಹುಡುಕಿದರೂ ಸಿಕ್ಕಿರಲಿಲ್ಲ
ಅಂದಹಾಗೆ ಇದೀಗ ಮತ್ತೆ ಬಂದಿವೆ

ಅದೇ ಕಾವ್ಯಗಳು ಆಕಸ್ಮಿಕವಾಗಿ !
ನನ್ನೇ ಹುಡುಕುತ್ತಾ ?.
ನನಗಾಗಿ ನನ್ನ ನೆನಪಿಗಾಗಿ
ವಯಸ್ಸು ಮಾಗಿ !.

Dear Sir,

This is my published letter to editor in Deccan Herald dated: 21-06-2010, Mangalore Edition.

AKRAMA SAKRAMA - BJP GOVT PLAYING POLITICS

Akrama Sakrama is again in the news with the latest statement of transportation Minister Mr.R.Ashok. It appears that there is inconsistency in his statements and the policy of state government on this important issue as he keeps on changing the extent of the site, regularization fee, time frame etc. Matter has been dragging on for the past almost 5 years by all political parties and it has also seen legal battle for no reason !. [Everything is because of poor management of whole issue by politicians and bureaucrats.]

No doubt, well regulated and planned development of all kinds of building is a must for orderly growth both in urban and rural area. Illegal constructions on government land should be demolished. Also blatant violations of building licenses by builders at the cost of public interest should be dealt with severely. However, minor deviations in the construction of own dwelling units / houses in the private property shall be regularized wherever such deviations do not affect public interest or cause any injury to the neighbors. However, this deviation should not exceed 50% and also to be considered on case to case basis having regard to various facts like road width, site condition, safety and technical aspects from planning perspective. Also heavy penalty should be imposed on the violators.

It is worth noting here that the building bye-laws of Bangalore and Mangalore City Corporations provide for regularization of deviations to the extent of 5% if the Commissioner is satisfied that no purpose would be served by demolishing the deviated portion. But, interestingly, this is 25% as per the bye laws of Mysore City Corporation. Two different laws in the same State!. This means Mysore citizens are entitled to get regularized with 25% deviation while rest of the people in the state are restricted only to 5% !.

It is estimated that nearly 7 lakhs poor and middle class people are eagerly awaiting the enactment of new legislation and implementation and their future is hanging in the hands of these political leaders. By one time regularization without causing any injury to public or neighbor and without compromising on safety aspects, the government can put an end to this and also generate huge revenue which shall be utilized for urban development like development of parks, open spaces, public utility centers etc.

The BJP government passed an ordinance to this effect in haste before elections to BBMP. The Governor returned the same for appropriate legislation. This lead to some political drama. Now the government is again sleeping over the matter and Mr.Ashok, who appears to be an expert in this and the sole spokesperson for the government, has again created confusion in the mind of people by giving inconsistent statements. This only reflects lack of clarity on such an important matter on the government's part.

The Governor should intervene and advice the state government to introduce appropriate legislation forthwith. Otherwise, this issue will be kept pending for another 3 years and used during future elections to woo urban voters by the BJP. The affected people should petition to the Governor seeking justice as his Excellency Mr.H.R.Bharadwaj, being a legal luminary by himself, has shown that he is pro active, dynamic and activist Governor and will not act as a rubber stamp.

OBJECTIONS TO MUDA - REVISED ZONAL REGULATIONS

To,
The Secretary to Government
Urban Development Department
The Government of Karnataka
Vikasa Soudha,
Bangalore – 560 001

Sir,
Sub: Objection for the amendments to zonal regulation of ‘Master Plan’ (Revision II) of the local planning area of Mangalore.
Ref: No.UDD 305 MyAaPra 2010, Bangalore, dated:01-06-2010

Following are my objections to the subject mentioned revised Zoning Regulations.
General and Preliminary Objections:

Publication in Kannada: The notification has been published in English and not in Kannada. Kannada is the official and people’s language. It is mandatory to publish full notification in Kannada or at least summary thereof to enable the citizens to have their say in matters of public importance. Otherwise, calling for objections from citizens becomes a mockery of the system. [ Pls. note that there are millions of common people even unable to read Kannada properly due to illiteracy and also inaccessibility to official gazette copy].
Prior Information: Wide publicity ought to have been given in the print and electronic / mass media inviting the attention of the citizens to the subject mentioned notification as they are directly and personally affected by this notification. The authority has a duty to educate the citizens in a country where participatory democracy is accepted as way of living. Practically, a very few people have access to gazette notifications and commoner reads only news papers. Hence, sufficient notice should have been given informing the general public that the notification is issued and objections/ suggestions are called for.

Prior Public Debate: There ought to have been public debate in the office of MUDA at Mangalore well before the publication of notification as the matter is highly technical and relates to engineering and planning aspects. Common man and ordinary citizens will not be able to understand on their own by going through the subject mentioned notification as it runs into 54 pages [ again very small font sizes] and with full of technicalities drafted in legal language. Even an expert is required to read more than once to understand the essence as some pages are given with interference and shall be read in conjunction with the definitions and related chapters. This requires exchange of knowledge and public debate to enable the citizens to come out with constructive suggestions. Now, the Deputy Commissioner of D.K. District has given a statement in the media that the public debate will be conducted soon !. What is the use of public debate after the passing of the notification ? . So, from this point of view also, the manner in which the process is conducted is bad.

Extension of Time: For the aforesaid reasons, the last date for filing objections to the said notification shall be extended for another 60 days as these Regulations are going to be in force for a decade. Once the same is passed in its present form, then the citizens who are not affected at this stage but will become victims tomorrow will not get a chance to have their say. Therefore, the planners should take the vision of the people also into consideration. MUDA officials are not the only experts in these matters. It is too dangerous to leave the whole thing to the official’s hands alone.

Prior Study Report: An expert committee appointed by the government shall first conduct a detailed study of various planning aspects of the city of Mangalore keeping in mind its topography, environmental conditions, ecology, availability of open space, infrastructural facilities and the local unique land related conditions. Unless such a technical report is prepared in public interest having regard to the national urban development policy, the subject mentioned notification shall not be taken up for consideration at all. This study can be completed in 4 to 6 months time. So, it is again not too late.

Specific Objection in relation to the revised subject mentioned notification:

1. Either TDR or equivalent compensation in cash shall be paid to the citizens in case of land acqusition. The terms and conditions of the present TDR shall be published and made known to the citizens now itself. The citizens shall not be used as sales men to sell the TDR on behalf of MUDA as powerful builder’s lobby will form a cartel and try to dictate the market price of TDR. TDR shall be issued based on market value and not the guideline value fixed for collection of stamp duty under the Karnataka Stamp Act. Provided, the citizen is able to establish that the market value is more than guideline value. The burden to show shall be fixed on the citizens only. This is being done in the case of acquisition of land under the Land Acquisition Act and. Why not the same principles be made applicable here?. Why double standard?.

2. It is said that the citizen are asked shall given the land free of cost in case of road widening. Is MUDA above the constitution of India in view of Article 300 A of the constitution ? This clause is perse unconstitutional and smacks of arbitrariness on the part of the authority.

On Para No. 4.15.9:

My suggestion: The telescopic set back shall be allowed even for the residential building. When the setback is counted on the basis of height of the building and when there is enough FAR left to put one or more upper floors (in case of existing or proposed building), restricting the telescopic setback only for the commercial building is unfair. But in both cases parking requirement shall be fulfilled.

On Para No. No.12- Means of access:

My objection: The ‘MUDA’ authority acquiring the land for road widening on behalf of the developer / builder for his personal benefit should be deleted from Z.R . Because, it will leads to the manipulation of law and also it steals the fundamental rights of the people who are enjoying the property lawfully.

On Sl. No.18 :

My suggestion: TDR shall be given for every property and person who surrenders portion of his land for road widening purpose in each and every case / situation. The MUDA shall not act like a dictator. [ Ex: Now most of the roads are being widened in Mangalore to cater to the commercial needs of some vested builders to enable them to get higher FAR. For this, citizen’s private property cannot be used by putting such arbitrary and unreasonable conditions].
Finally, I should be given an opportunity of personal hearing [ predecisional hearing ] in case the government rejects my objections for whatever reasons.

Thanking you,

Sincerely,

[Vivekananda Paniyala]
Copy to:
The office of Honorable Governor
The Raj Bhavan
Bangalore – 1.

PANIYALA ASSOCIATES

Corporate Law Firm

Consumer Education Bulletin

Important Post Purchase Steps to Protect Immovable Property
Immovable property is acquired with an intention to own and posses the same as an “asset”. However, if proper measures are not taken immediately after the acquisition thereof, the “asset” can turn out to be a “liability”. We have come across many cases of post purchase complications like encroachment, boundary dispute, illegal possession, irrecoverable loss of title deeds, inability to avail housing loan, defects in the sale deed etc. Hence, we have decided to issue this mail [ privileged communication] and a general advice with a view to educate our close friends and well wishers as a advisory bulletin to help them to protect their right, title, interest together with possession over their properties like house site, residential building , flat/ apartment so as to own and enjoy the same peacefully.

Following list is not exhaustive. It is only indicative and suggestive. You can customize/personalise depending upon your local needs, practice and procedure having regard to the laws in operation in your area in consultation with your legal advisor.

1. Open a separate property file. Keep the files safely. Index the same and accordingly have a list of documents.

2. Preserve the original Sale Deed in a protected plastic folder to save the writing thereon including the signatures, as the life of the document sheets is approximately 40 to 50 years. [Also depends upon the quality of papers and ink used].

3. Also preserve the Receipts issued by the registering authority inrespect of stamp duty and registration fee. In case of payment of stamp duty and registration fee by Demand Draft, keep a photocopy thereof.

4. Take actual physical Possession of the site or building. [Residential house, apartment, commercial or industrial shops etc].
§ In case of vacant site, enclose the same with compound wall or fencing. Lock the main gate. Display board saying that site is owned by Mr._____ or This site is not for sale.
§ In case of buildings immediately change the main entrance door lock and have your own lock and key.
§ It is also advisable to put a name board showing the name and contact number of the owner.
§ Ensure that you are in actual, exclusive, lawful and peaceful physical possession and enjoyment of the property purchased and there is no rival claimant.

5. Transfer the Mutation Register in your name.
§ In case of municipal/corporation area – get the Khata transferred.
§ In case of revenue area – get the RTC [Record of Rights] transferred in your name as provided under law.
§ In case of village area, again get the Khata/Patta transferred.

Corporation/Municipal/Town Panchayath area are governed by the Karnataka Municipal Corporation Act, Karnataka Municipalities Act and Karnataka Panchayath Raj Act respectively.

NOTE: These mutation registers like Khata/RTC/Patta have practical significance also. In case of land acquisition by the govt. or public authorities, then notice of proposed acquisition is given only to the persons, whose name is entered in these revenue and munciapl records. Also in case of litigation, these documents only support the possession to get interim reliefs from the Courts of Law like injunction etc as strong legal presumption is attached to the entries made in these documents.

6. Get the Property Tax Account transferred maintained by the local self government bodies like Corporation, Municipality, Panchayath etc as this is different from Khata or RTC. This register is maintained the purpose of payment of property tax. By avoiding tax temporarily, one can save few hundred for few months. But, the collateral supporting documents of ownership along with title deed will become weak in case of dispute.

7. Pay Property Tax / Land Revenue, as the case may be, to the jurisdictional authorities and have receipt in the file.

8. Confirm the door number or property identity number issued by the authority concerned and ensure that your name as mentioned in the title deed is entered inrespect of the said door number.

9. Obtain Encumbrance Certificate after the date of registration of sale deed and make sure that your name and title deed [under which you have acquired the right] of property finds place in the EC. [You need to apply for the EC of just 10 to 15 days].

10. Transfer your name in inrespect of Water Supply. Electricity, Telephone and such other service providing organizations/ authorities. This will save you from sudden claim of arrears of fee,cess,tax etc.

11. Obtain certified copy of all previous title deeds [parent/mother deeds etc] plus your own title deed, all revenue and municipal records, authentic location sketch and all records to reconstruct the file incase of loss of original set of documents.

12. It is also advisable to take Special Power of Attorney of the Seller of the property for the limited purpose of rectifying any typographical errors, if crept in the deed/document or executing supplemental deeds or documents like Confirmation Deed, or submit NOC etc as the Seller of the property may die or leave the country or not accessible or available in future. This will also avoid some Seller’s demanding extra money for executing such supplementary documents.

Please send your feedback to improve this list and educate law abiding citizens’ vivekanandapaniyala@gmail.com
Paniyala Associates – Corporate Law Firm